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Contract 46994 (2)
CONTRACT WOG c__ /09911 DOE # RETAINING WALL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this gb-y da of5V and between Vaquero MG Presidio Partners II, LP, a Texas limited partnership, acting by and through Vaquero Ventures Management, LLC, its General Partner, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNES SETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 2,191 square foot tract located in Lot 3R9, Block D, The Presidio Addition, Fort Worth, Tarrant County, Texas according to the plat recorded in D215035446, Official Public Records, Tarrant County, Texas and being more particularly described by metes and bounds in Exhibit "A", hereinafter called the "Property"; WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as 'The Tre s: aio Mcti'Jmn hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for the construction and maintenance of a Retaining Wall Facility on a portion of the Property; and WHEREAS, the City and the Landowner, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that a Retaining Wall Facility be constructed and maintained on a portion of the Property; and WHEREAS, the City requires that a Retaining Wall Facility ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 OFHCWM`i _ I CITY SECRETARY' Ft WORTH, TX 1 and assigns, the location and dimensions of which is shown on the attached Exhibit `B" ("Facility Property"); and NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: I. The Landowner, its successors and assigns, shall adequately construct and maintain the on -site Retaining Wall Facility ("Facility") at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit `B", and the current standards then in force and effect in the City of Fort Worth. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. 2. The Landowner, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover the entire Facility, which needs maintenance or replacement to perform their design function shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner, its successors and assigns, fails to maintain the Facility in good working condition acceptable to the City, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 2 successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowner's. 5. The Landowner, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE RETAINING WALL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) EROSION OF THE SOIL BELOW THE RETAINING WALL AND ITS RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 3 FOOTING, AND (2) AND FAILURE OF THE RETAINING WALL AND ITS FOOTING TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. This Agreement shall be recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 4 5 Executed this day of fiC Landowner Vaquero MG Presidio Partners II, LP, a Texas limited partnership By: Vaquero Ventures Management, LLC, its General Partner W.A. Land eth, III Manager City City of Fort Worth F-ea task2 TCh cafaia Assistant City Manager Approved as to Form and Legality Kee-7 Assistant City Attorney 6>,,i ATTEST OFFICIAL RECORD CITY SECRETARY n . WORTh, TX RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 5 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on • 44 20 )5 by ,Jesus 3CJ"ft\,ii±ai1Jo-eosta Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. • • .: may;'.m ���►�rb��ti��` 4Wt LINDA M. HIRRLINGER MY COMMISSION EXPIRES February 2, 2018 .n /4. Y 1 . STATE OF TEXAS oo .... COUNTY OF TARRANT na otary Public, State of Texas Before me, the undersigned authority on this day personally appeared W.A. Landreth, III, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of Vaquero MG Presidio Partners II, LP, a Texas limited partnership, and that he executed the same as Manager of Vaquero Ventures Management, LLC, General Partner of Vaquero MG Presidio Partners II, LP, a Texas limited partnership, and as the act of such limited partnership and for the purposes and consideration expressed in the foregoing instrument. d ■ -a■:.. .. .■ . i �L r..r _a.my +irk+ 2 KYLE BARRETT Notary Pubic, State of Texas My Commission Expires June 17, 2018 .. - . as yr► r r` I• v.._ _ , _.•_ �{1t Uram.. Notary Pj• ic, State of Texas } OFFICIAL RECORD CITY SECRETARY WORTH, TX RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 6 Lurpnd of Abbreviations P. B. — Point of Beginning P.O.C. — Point of Commencement O.P.R.T.C.T. - Official Public Records, Tarrant County, Texas MNSP — Mag nail with a washer stamped "JPH LAND SURVEYING" set previously N LOT 3R10, BLOCK D LOTS I R, 3R9, AND 3R 10, BLOCK D INSTRUMENT NUMBER D215035446 O.P.R.T.C.T. / P.O.C. BELLO HILL LANE SEE EASEP.tE.7NOTE (13) .....CRSP 116.2T 1484 39'2n es.:? N 11;•1i ,GA 1G. '(1. 1T N 0 st .i• / Line Data Table Line # Distance Bearing L 1 54.49' N90°00'00"E L2 50.93' S54°33'22"E L3 11.80' S46°35'14"E L4 59.25' S37°53'37"E L5 74.22' S00°00'00"E L6 9.00' S90°00'00"W Easement Notes: 1. 10' utility easement, Instrument Number D213216290, O.P.R.T.C.T. 2. 10' Oncor easement, Instrument Nuinber D204135140, O.P.R.T.C.T. 5. A portion of a 15' water line easement, Instrument Number D213216290, O.P.R.T.C.T. SEE EAS V.1ENT NOTE(11) / EXHIB IT "A" Page 1 of 2 Basis of Bearings The Basis of Bearings for this survey as established by GPS observation utilizing the Texas Coordinate System of 1983, North Central Zone is the west line of Lot 3R4, Block D, The Presidio Addition, Instrument Number D213216290, O.P.R.T.C.T. North 00 degrees 00 minutes 00 seconds EAST POINT NOT SET DUE TO HIGH WATER /- L11 / LOT 2, BLOCK D OTS 1, 2 AND 3, BLOCK D INSTR NT NUMBER D209006967 T.C.T. CRSP / EASEMENT NOTE (5) Line Data Table Line # Distance Bearing see attached legal description of even date-- k,a\d TBPLS Finn #10194073 13563 West SH 29, Suite #4 Liberty Hill, Texas 78642 Tel (512)778-5688 www jphlandsurveying.com L7 L8 L9 L 10 L 11 L 12 71.13' 55.48' 10.49' 47.43' 51.61' 9.00' N00°00'00"E N37°53'37"W N46°35' 14"W N54°33'22"W N90°00'00"W N00°00'00"E 10. Right of way easement, Instrument Number D204300328, O.P.R.T.C.T. 11. Signage easement, Instrument Number D213216290, O.P.R.T.C.T. 12. Sign Easement, Instrument Number D215035446, O.P.R.T.C.T. 13. Public access easement, Instrument Number D213216290, O.P.R.T.C.T. ArN SEE EA_CENT NOTE (12) / / 1 1 1 1 1 1 L___ Surveyor Notes: Mitigation Area originally recorded under Instrument Number D205113431, O.P.R.T C.T. Revised by Instrument Number D214216208, O.P.R.T.C.T. FE1/41 A ZONE AE AS SHOWN ON LOMR-F CASE NUMBER 1-1064is4A /e"fl M 0 POUND !� CAPPED RppgR cn STAMP (LLEGBLE N / fil E- / �a''9. E3 J O / w z a CS' Fu pad 2 SEE EASEMENT NOTE (2) TRACT A 2,191 SQUARE FEET LOT 3R9', BLOCK D INSTRUMENT NUMBER D2 15035446 O.R.T.C.T. VAQUO MG PRESIDIO P TNERS II, LP INST1 UMENT NUMBER / D215007941 r - S63°SO.P.R.T.C.T. izs'F • / SEE EASD.tENTT NOTE (10) N90°00'00"E 157.38' L QT 3R6, BLOCK D 1-HE PRESIDIO ADDITION NUMBI STRUM NT ER D214239672 P.R.T.C.T. 1 1 1 1 1 1 1 1 1 CRS11141 w z O z CRSP TXDOT M I— EASE.tE:T NOTE (1) Tract A 2,191 square feet being a portion of 0 0 Q FROM 410.42' TO 700.70' z AS EVIDENCED BY INSTRU North Scale: 1" = 80' LOT 3R9, BLOCK D THE PRESIDIO ADDITION INSTRUMENT NUMBER D215035446 O.P.R.T.C.T. Date: 7-21-2015 Job Number 2014.022.016 O 2015 JPH Land Surveying, Inc. J RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 7 EXHI Ira 6GA99 Paget oft, JPH hand Surveying,. Inc. Dallas=lort Worth * Austin * Abilene Leaal Description LaNc1 <z's\ N • ,1 J 4 si.ei So` Being 2,191 square feet of land situated within the City of Fort Worth, in the William McCowen Survey, Abstract Number 999, Tarrant County, Texas, and being a portion of Lot 3R9, Block D, The Presidio Addition according to the plat recorded under Instrument Number D215035446 of the Official Public Records of Tarrant County, Texas. Said 2,722 square feet of land surveyed on the ground under the direction and supervision of Robert A. Hansen, Registered Professional Land Surveyor No. 6439, being more particularly described as follows: Tract A COMMENCING at a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set previously by this surveyor at the western most northwest corner of Said Lot 3R9; THENCE NORTH 84 degrees 39 minutes 25 seconds EAST, 116.27 feet through the interior of said Lot 3R9 to the POINT OF BEGINNING; THENCE the following twelve (12) calls through the interior of said Lot 3R9: 1. NORTH 90 degrees 00 minutes 00 seconds EAST, 54.49 feet; 2. SOUTH 54 degrees 33 minutes 22 seconds EAST, 50.93 feet; 3. SOUTH 46 degrees 35 minutes 14 seconds EAST, 11.80 feet; 4. SOUTH 37 degrees 53 minutes 37 seconds EAST, 59.25 feet; 5. SOUTH 00 degrees 00 minutes 00 seconds EAST, 74.22 feet to a point from which a 1/2 inch capped rebar stamped `JPH LAND SURVEYING" set previously by this surveyor at an angle point on the west right of way line of North Freeway (Interstate Highway No. 35W), a variable width right of way, as described in the deed to the City of Fort Worth recorded under Instrument Number D204300326 of the Official Public Records of Tarrant County, Texas bears SOUTH 63 degrees 57 minutes 35 seconds EAST, 186.18 feet; 6. SOUTH 90 degrees 00 minutes 00 seconds WEST, 9.00 feet; 7. NORTH 00 degrees 00 minutes 00 seconds EAST, 71.13 feet; 8. NORTH 37 degrees 53 minutes 37 seconds WEST, 55.48 feet; 9. NORTH 46 degrees 35 minutes 14 seconds WEST, 10.49 feet; 10. NORTH 54 degrees 33 minutes 22 seconds WEST, 47.43 feet; 11. NORTH 90 degrees 00 minutes 00 seconds WEST, 51.61 feet; 12 NORTH 00 degrees 00 minutes 00 seconds EAST, 9.00 feet to the POINT OF BEGINNING, containing 2,191 square feet. The Basis of Bearings for this survey as established by GPS observation utilizing the Texas Coordinate System of 1983, North Central Zone is the west line of Lot 3R4, Block D, The Presidio Addition, Instrument Number D213216290, of said Official Public Records. Robert A. Hansen Registered Professional Land Surveyor, No. 6439 Email: robert@jphls.com Date: July 21, 2015 RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 8 Fort Worth Deselopmem Depanmcnt Standout Plat Nan Mott/ / W n.w.lrr Impact Fen The City of Ivan Worth h.. ion ordinal: Irq.Laal.ng Ile o toe..,rte and wigwam of weer and amitotic, Inrwet fen. TIN hill mount n.caed 1. established on tha Wing data of this pN wtllat.n, bawd Lawn Snwd.lc 1 ..f the kgeal LYp .dlirnwe ki theta a. of the mine .f tw .0cu pin. The wm Ins he 1L•eted mmwn.h 'amal kr tichnhile II .J and n,dmudImam,n, . Imam .Ru.w c on the taw a building vein f-1 a MJac,r..n the imosann c la trw muset'l wan bud w .rrvnHO TnaaP.rl.t.. lispedTurn City of Pon Werth M. n wdla.nc 11q'Icmallng v Ile r aan and aJl.atry'mm.a lon w( mn Infr fro The line) meow w.w+..d A dg,IIJs ran the ,pram do a w' tot plot andreai.11 bawd upon Adokile 1 of es:hgwet far unknmx In nfwn a• .rl the .ktt of to plat. no urrrunt to be ajLgtd 1. &Ianl.J under%cAahak 2 of odd onW anx. and h .fie walks der:. building permit I. Waal Pi.e41J. Ilnt$dln N. asminsnlsill Jbe alined moth. the me.,yd.n cainaat. without Ibe .TILT gyblrw.l d Moro eetr ofTr mnw vib. sad Kibbe Won.. In aids is rnee Nfw.nJ, Asada! en;ll°a'Ing plass ed a wudin fa the Loom anon, rmls th'wy Idar tie Dream. aunty prgmul Yid huh:SRA Icy the panyl.) .t4hhig io construct .hen she taiekpkin Where conarunk'. 1s permincd, ill MI.hcJ Dior clenalans that be a m.amwm of two 12) fed ova the 11w.ynHoed .d eta/Witt. flo.d Plaa'Dng lar11a)i MahNo nar we*nc ay ans. arson, nfeT, r drainageowl nn drainage J tcr..g elsq or urns monism of tin. addition.addition.will rerand a "T..+cd as all km ant will h nal.sased by eve nli.hl.al M Gomm lbMp.e. ere tma..d r dnNy, larn to. the dnlny.... c-Tic Cry .f Net Worth wall nut h nnfa+Jbk fa the uamawncacrowncn amok and a Tema, of sold ddnge-n». Manzi* mown ant mar to Alias* dmlnga.'q. to eni g their twgro) clean and Irs of d bn� la to other .uwWwn rNh moth manor).would mh In manor) M ca k°., sal theCiy and Mrc th. Aplt of entry for Iht papas imnkahy to mua a.Ax wan IInOw orw sly mown The dwoag• yc-.wsic . v.bl.11y NJ•yR1 wsicmono A srwcrnsear 'w sehest awns twl land Iv defined. The Con of Pon Want Melt not batikhe batik for am dwngp. rawllq the e oasanne A-sx ou .f %S. p.r to Lilac of my wnatmrl.) witha the dn. rragye y. The 6ae.e-'-..) a..siq mach lei and .wwithintw fl.nnyu. aowb%.a hu ...h..n on twrLL Ww t..l►. SlJN.11..w molted sdNmn to both .Ile• of all ppublicslot whine .town, In wnb.mowc with 1W Sidrowlk Policy pa 'Veytkncl.Pma1 Chnlgn MAIM Opt. Man Lauri. .s N. .Mwg. a4'la.L a Simi th y of coy e Ref awned vole fan a hgtt .f 34-Isk• . s Might a Islam te .bethe ism d Nip fr - 'eg, bin M hoof is balding•, fscfa\ nt.w sirs. Irn . Hhn w. art uucnr, nil. the puma Opal awcc e..e.m en er ma o° de. pia UrbanU.n ►.mtr) Comeauwith Toe (dlnanc�c a MINC+-2lres all h icy.ucd UINIi L...nl. Ain Poeta utll7, Preluding th. con .4 Ion Worn, .hell Me the r$td to iwue and leap loured all or part fox,of any *wilding. (n, tree. On*, WIC gnMh ur ligpnncrncm Mitch In any we) c°dnean or Interferes rah duamnwNk hyis It aisomnolence, or elltgkp. ,up ly ' -lcm. on my.lf IM awaemt. arson on gbh sad they .hall here the right at at .11 Iolu I,a°,• nsal earn, tfe+m ..rd.wwl.0 .• for ees:w pato d c..arlalWp rhva .an- a.wnsM reTJkng. ...Wdrd .ddn, ag to r nrr.lq all Of ofM raanuo. Aw te onion". r.luel IIw ry . ra) nil N r'ocwmw. g the perr.innf moo Mr Drainage brut; A ate .donateady, shooing Wnc. n1.n,w, with the el wrtnnnwd.ey dsuMU: plan, may h ny.Ircd before ran building remit wog by Mani on this ate la inane inpin In wow bwwun nay Iv .Jwwae.l If Ow .hC dnc. ama R coolant, then a drainage study y h harked slang with a CPA M any ranked Menge hwnnrn.nr sl tic senwil soda Mall alma a Lass 'o ,Lac tkt•.itnwp.+ c°l a/ Tm.wn.d . Pale .a Won. ad iv .wraaa. IM. SW Onions Mdy will A ra. }wnd INT= •ln roma A Mad Tie cnrc U rill .funs osh hyndtic.one PreysN Common Arm and rnlalln 111c n of Port Wish dull nil Iw h IJ ny.a4N: for nM the efCn it. l.minax rpm .shn of any lots containing prowl: calm.. ma offwllkia identified fW r much..platJ oral. dug InwI.i ha.4be IunRed I. Moo, .Inelw ctwtRnw) mean• eaM r7eh oaf pod security a.ln xs wank* .nro. J,ryaridIu,al .aa. . sirs away ir %AIS rNc'Y. JAJAM/sumnacos.sal Ircam�ai f.J. ls. o• ck .al feastr tMd i.i clathc' bedlam% . ledol.\ Be woven ad wh.cauam wIaa ofIto I. IA. and pock IN NA .Jfsa q d.aanopally d.cAxiallya ach. aAxially a lad me..csha chill Pc ml radwN.ouch .MntrMM ndw .0 : r ch ..elly 'nid1 mhamec .d afcl n of ilydlseb.'. pekoe annwn era sadI.ellnlr. and Jell soca . md.Tv.ty and saki hoods. the CCI,of Pon Woe. o. Te• Poem as data, damage. mil Inv. inking iron ai; ur mmoltingN.. the perlonowek of thl.lilgrl..p ./rLl on nNau ann. re an forth Meat ?am ain N. bails,: permits shi ll be Awed Mr w•y lot in tin Wnn Sa..mil an «yntlur Alta: CPA w noraide: p.www.Jraw a. osite& lot tie .uai.n ref..1 wq'kab& rani s a. tam dnnl .ova IPA...kn.sil• a fining l..,..wfm0S; and wm,. ral ardm Ml .bIsth Coy.( Pon Womb. Coatrw. a.PnSWlted Oyer Lawrnrnit penmanNpenman bsikw i rag• %nmun' .tell h our• footed env any Saone .r plans! =te r, wary w.er. *WINO. gag neetne, table tor hr uulny man amamD le. Crayons or Hahne.. aor Unlined nand .r ama kola der• .pd Home Ow hems-.. 9M of Rm.d' moon the .tatter of the whin AM, Pr g. di1 nd .r mon dad c n .r rear4m 71.• Parkway Permit Penh.; Impnm.- nem. such m curb and gum:. pot iecnI Ik-in tube r1Ywsi.ehn, bnan J.kosks od aa Inlet% nay le m(e1d a Ilse of huaa.g mw ten r.'at ... parkway ppen* I Mien nl of wn halmsJ2 mil. p.IC I C t. - Pp1 Retold% fern' County, TetuanO.P.RT.C.T. a Official Public Records Tarrant County. Texas D.RT.0 T. - Deed Record., Tartans County, Texas P,OA 4-Point of Beginning O CRS - I/2" capped rcbar abunped'JPH LAND SURVEYING' het Q CRSP- la" capped rebarstamped 'JPH LAND SURVEYING' pin previously O MNS - Mag nail with washer Rtampcd "JPH LAND SLRVEYING• set O MNSP- Map roll with washer stumped "PH LAND SURVEYING' set previously Found scribes' "it' on concrete TXDOT- Bras. Text. Department of Transportulon Monument In Concrete FEMA Zone in noted ‘,aNd • � / apnea Issor- cal 1 SON 807 Bluebonnet Drhe, Suite C Keller. Texas 76248 Tel (817)431-4971 www jphlscum TRPLS Firm 11I00195.00 . VICINITY MAP NOT TO SCALE Nunh 0 4 ■r■ 1_/_J Seale: 1"-40 RO Surveyor Note 1. This suney was performed with the benefit of a commmnent by Elm American Title Insurance Company. Commitment Number t002-102464-A-RTT. Effective Date. December 15. 2014 and booed January 06. 2015. Complete copies of the record description of the property, any record casements benefiting the property, the record easement. w .cnfludea and cu+ena11h affecting the property ("record documents"). documents of record referred to In the record documents, and any other documents containing desired appropriate information affecting the properly being sun eyed and to which the money %lull make reference were not provided to this surveyor fur notation on this minty except fur those hems limed within Schedule B of said cunmitmem. 2. The survey tract lit within • Otter Amax • Zone X - Areuh determined to he outside 0.2% annual chance floulplaln: Zone X (Shaded) - 0 2% annual chance fl(Ndpialn: and Zone AE . I% annual chance Fladplatn as stiown on the National Flood Inwrture Ptognni., Flood hnuruncc Rate Map (FIRM) for Tarrant County. Texas and Incorporated Areal City of Fon Wonh, Community Panel Number 4N439C0065K, Map Res bed September 25, 2009. and retie+) w reflect LOMR-F Care Number I4.O640R4A Date: September I14 2014 as publishes' by the Federal Emergency Manapement Agency (FEMA) 3. The hula of beanngs is the west line of Lot 3R4, Block D. The T'rnkllu Addition, Instrument Number D213216200, O.P.RT.C.T. North 00 detren 00 minutes 00 seconds EAST. (See munumented 1lne hereon.) 4. Mitigation Area originally reconled under Instrument Number D205113431. O.P.RTC.T. Reseed by Instrument Number D21421620R, O.P.RT.C.T. 'PH Job No. 2014.022 016 0 2015 JPH Land Suntytng. Inc. - All Rights Reserved P,, .' tete • - ,m 4 di •rb4• \ \ \ \ \ \ \ \ \ BELLO HILL LANE RUU OASUMUNTNOfUII3) \ \ \ \\ \ I 11. •'1 A J 1 �'Is 1 1 ' I 'C at al LOT3R10, ULl1Ck LOT). 1R, )Rai, AND 3R III, ULt/CA D OP THU rRLN101U AUDITII W INSTRUMLNTPUMULR 021110:44. (1P.R.T.C.T. mrimaters boreart►rd \ 10 IAA/ UAMAl1:Nr NOOt(11) MINT NUT SLT DUU Ti) INGH WATCH • ele 1L�_. ....m.o. r .: • • / ; eI ALL LASUMLNT // INYTHU, PLA / / t SIT DI:TML•A' r i i i ' eel / UU IIASUML'NT NOTU (5) Line Dula Tdbk Line. Own: LI hiIV L2 Xi Or u O..ir U !V.2_3' WY 71. 1)' Lit IIIJV 1.10 OAT L11 31..1' 112 °Ian LOT 2, ULUCk D LOTS 1,2 AND ),111.(K'A D. THU PRL`JDIO INSTxU move NUMULR MiMaw.n7 0 P.R. LU.T. FLOOD PLAIN UAM1MUNT IUY T1115 PLAT) A manors OP •PL(Ne PLAIN L'SAM" 1NSTRUMt17 AU titillw 021M01w.7, l) P 0.T C.T. IANANOLINUD UV THIS ►LAll LOT 3R9, BLOCK D INSTRUMENT NUMBtR D215035446 O,P.RT.C.T. V!ERO MG PRESIDIO PARTNERS B. LT' suuLASUMUNT 1VSTRUMENTNUMBERD215007941 Non sat \\ O.P.RT C.T. NAPA DRIVE \+\ MI: t:A10.112.T NInt 1131 \ - CRs \ \ Nwpnyprll 53.00T C IL 447 , \ \\ \ \ \ III PORTION Oh IrwATL7t LitreuASUTALNT INSTRUML'NT NUMIILR D21321sA1 H.nILr.C.r. IAUANu(1NUD UN THIS PLATY �� ff33 ME UAMNLNT sort' (it .5urve+tesl's Crn(&wt(Dn; \ yawls u+ le ,- + • • • ias- -_-_---_-__- PL'MA VIM/ AL AA SHOWN ON LOMR-P CASU NUMIIL1l I44IS- DNA 1511U SL'RVLYOICS N1TU$) LOT 3R9-R1 BLOCK D 2.265 ACRES MINIMUM FH+'ISHED 5 ; FLOOR ELEVATION 6f19.5(r 1' I I HymnI % raw +utN iris Taut virsioT ,. of 1.865 ACRES MINIMUM FINISHED FLOOR ELEVATION 689.50' 1 11 LOT 3R9-R2 cit. BLOCK D a�' \ t \ \ \ a� \ \ y�` \ �l \ \ 4.16 \ \ \ \ \ \ T00°00'00"W 416.05' \ x \ \ LOr3an ULOCA D \ \\ \ J 1 THU PRLSIDR) ADDITI11w IIATRUMUNT NUMMI 02142.1w 0l• R.T.C.T. •Ice • 1, Ruben A. Bauman. a Registered Professional Land Strweyur In the State of Texas, hereby state. to the bait of my knowledge and belief, this plat hereby reprrnrnii an on -the -ground minty perfumed by me and all the property corners arc .talked as indicated. Ruben A. Hansen Registered 14Ufessiornl Ltd Slneyor No. 6439 Tartan: robenyl jphls corn Mac March 2i, 2015 PRELIMINARY: THU 000UMCNT SHALL NOT RC f:CDRO(D fOR ANY PUR#OSt MD HALL NOT OC USED ON VICWCD OR RCUCDUPON AS A FINAL SURYLY DOCUMENT. 'Rtl LASED 'OR EVICW TO N. oty of fat Worth at Aid 21n, 2O1S 'bw.d Pao. 30, 201Sto odd near ladsf.n «arrant 'Kamm.' My 72, 20151ornw Ibdyrt owna.tt 11101011 'R..red Sr 27, 20Is 1. add eau eaw.nnit I \ '1 r r FLOOD PLAIN LASUMLNT DIY THIN PLAT) I I I / 1 / 1 i / i r r r r I I r i + 1 1 P.O.B. PODNOf:• • P ST/OlpPLU I BELLO HILL LANE hUU L'ASUMUNT NOTU (171 .LLU UAMUMINT NOW f3) rnienoterti 312_Ir hill LASUMLNT NON (Jill C MINI) 1'^ CArPUD RLHAR TAMPICO•HALF* ASSOC. INC.' RU+1AINDUI (11• 14.000 PWN MAT?* INSTRUAILM NU MULR 021Ma°w.7, 0 P.RT.C.T Easement Noire 1. Ili utility easement InMmlnem Number D213216290, O.P.RT.C.T. 2 10 Orctu easement, Instrument Number D204135140, O.P.R.T.C.T. 3. 15' pnsate drainage easement, Inmumem Number D213216290, O.P.R.T.C.T. 4 15' utility line easement Instrument Number D213216290.O.P.RT.C.T. 5. A minion of a 15' water line easement, Instrument Number D2I3216290. 6. 30' wide pcmonem ranitary sewer casement. Volume 16382, Pape 256. D.RT.C.T. 7. 30' permanent water ruin e»scmenl, Imulrnent Number D205367442, O.P.RT.C.T. 8. 'FLOOD PLAIN ESMT.", Iratniment Number D2090%967, 0 P.R.T.C.T. 9. No -build cuncment. Instrument Number D213216290. O.P.R.T.C.T. 10 Right erway easement, fnMnnnent Number D204300328, 0 P.RT.C.T. 11 Signage Maemen4 Instrument Number D213216290.O.P,RT.0 T. 12. Sign Easement, Instrument Number D215035446, O.P.RT,C.T. 13. Public alarm easement. Instrument Number D213216290, Plat (fled as Instrument Number Date: t I 1 foam wv c TXIX)T MX L'ASCMLNT mitt Of L=120.98'. R=575958' A=00197'35" S03°30'19"W-12o 08' STATE OF TEXAS COUNTY OF TARRINT SEE EASEMENT NOTE (11) \ • • L__J ♦ ♦ • - •^Q f-����7 al I UTIEREAS, Vaquero MG Presidia Partners LL LP is the owner of a parcel of land situated in the William MrCowen Survey. Abstract Number 999 in the City of Fon Wirth, Tarrant County, Texas. Saki parcel of lam' being all °riot 3R9. Block D of Lots IR. 3R9, and 3R10. Block D of the Pinuillo Addition according to the pin recurdnf under Instrument Number D215035446 of die °Mord Public Recunis of Tarrant County. Texas, being mum particularly desnibed as follows: BEGINNING at 1 /2 inch capped mbar w a stamp being ilk bit found at the northeast corner of said Lot THENCE SOUTH 04 degrees 09 minute's 07 scum* WEST. 261.71 feet with the west nght of way line of Interstate Highway 3514' us described In the deed to the City of Fon Worth recorded under Instrument Number D204300326 of raid Official Public ReeOld• to It In inch cappat mbar 'damped "JPII LAND SURVEYING' set previously in the beginning of J tangent curse concave to the cost having a radius of 5759.58 feet THENCE southerly an arc length of 129 int feet with the curving west right of way line of said Imentne Highway 35W to a I/2 inch cupped mbar stamped 'WI I LAND SURVEYING' set previously at die southeast comer of said Lot 3R9: THENCE NORTH 90 degrees 00 minute,. 00 seconds WEST. 416.05 feet with the south line of snd Lot 3R9 to a mag nail with washer stamped "IPII LAND SURVEN'ING" fie previously at the southwest comer of laid Lot 3R9: THENCE NORTH 00 derma* 00 minutes 00 seconds EAST, 359.27 feet with die ••Ost line of and Lot 3R9 to a If2 inch capped mbar stamped "PH LAND SURVEYING" set previously et OW TOM %Waft M northwest runner of said Lin 3R9; THENCE NORTH 33 degrees 19 minutes 36 seconds EAST. 158.22 feet with the northwest line of said Lot 3R0 to the MOid nonhem ithrthwest comer of saki Lot 3R0 (no monument set due to high THENCE SOUTH 49 degrees 05 tninuies 05 seconds rAyr.tio to feet with north line of saW Lot 3R9 to a 1.1 inch capped rebor stamped -1111 LAND SURVEYING' he previously an anple point in the north line of laid Lot 3R9; THENCE SOUTH 84 derma. 00 minutes 54 seconds EAST. 274.31 feet with • moil' line of said Lot 3R9 in the POINT OF BEGINIONG. contain* 4.130 man NOW THEREFORE KNOW ALL MEN BY THESE PRESENT'S: 'flIAT. Vaquero MG ProirGe• Partners It LP. acting by and through the undersigned, its duly authortred agent, don. hereby afoot this plat *signaling the herein abuse described real property as 17re Presidia Addhlett, Lan JR9-XI and JR942. IllweA D. an addition in die City of Fon Worth. Tarr.un County. Texas. and do hereby dethrone the natio. of way and easements shown hereon to the public's ine unless otherwise noted and do hereby adopt this Final Plot Vaquero MG Presidio Punnets II. LP By: Vaquero Ventures Management, LLC, General Panner ur STATE OF TEXAS COUNTY OF Wrote me, the undersigned. a Notary Public for the State of Tens, appiated W. A. !Andrei,' of Vaquero ;imam whose name is subscribed hereto. GIVEN UNDER MY HAND AND SEAL OF OFFICE this. the Notary Public (lenend Notes I. Private P.R.V.Y. will be required if water pretatire eneeeth KO pad 2. Each lot will be responsible to provide sidewalks and street lights for the building dm elopment permit 3 Each lot will tie responsibk for maintenance of the sidewalks and street lights and de electricity to the street lights tlyilparin Ch Id West PE= Dallas Texas 75234 (972)488-3737 Tine Comoro( Republic tile Dallas TX 752(i4 Owner triqm.‘tiero MG Presidio Partners IL LP 3211 Wed 4th Street Fun Won't TX 76107 11111 Land Suneying. Inc Ruben A. Hansen Land Suneyor No 6439 day of 2015. WALL EASEMENT (BY THIS PLAT) • • • DETAIL "A" wonti • • • Vet • • • • • • • • LOT 3R9-R1 BLOCK D 2.265 ACRES MINIMUM FINISHED FLOOR ELEVATION 689.50' COIL Lb ted 1. FORT WORTH City Plan Comntission City of Fort Worth. Texas Case No. FS-15-081 This plat is nlid only if recorded within ninety (90) days after date of approval. By t • • LOT 3R9-R2 BLOCK D 1.865 ACRES MINIMUM FINISHED FLOOR ELEVATION 689.50' FINAL PLAT The Presidio Addition An Addition in the City of Fort Worth being a Re-pbt of Lut 3R9. Block D of Lots IR. 3R9, and 3R10, Block D of the Presidio Addition (Imarumcnt Number D215035446, OP RTC T.) being a weal of 4.1.30 arra In the City of Fort Worth, Tarrant County, Texas • IP • • • • II4'.,C IBIT 661199 [attachcdj RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 DhNEICJ '-' 5.258/83 - -I- 163 StACE REQ..(RE' 1.20/83 ,a .t? SI.ACEr%BQ, ( I - TOTAL REQ..,- --1-'175 SPACES -"';e'%18' SPAC>Sj, L. '9'X1a SPACS - k:3E'L SPNCESI - ',COMPACT SPADES ar-AD:SPACI..\ - TOTAL PROVIDED = 85 SPACES II `I ` NwraURYJ'F 165.22' '1 PROPOSED WALL 'SITE VICINITYMAP PROPOSED WALL Y11nwil�YIW1'�IIYIu.Wer„ueYdllllit`,010 ;14IL.1conn rurcu off +: RETAINING WALL EXHIBIT NOTE Know what'sbOIOW. Call before YOU aQ F-7524 ISWM CONSTRUCTION PLANS nra-, ry nil I rx;i nur 1Ovm1 I��• Engineering Associates, Inc, WarlarArgilnr VAQUERO MG PRESIDIO PARTNERS It LP I35 N PlEW aisiTER N2r h>:VfRI SITE PLAN 7 1Y-11• LRW2) T.D. WALL EL 557.08 C 10•-0' (RW3) a MI141 1-1 1 CFOUNDATION PLAN SCALE: 1/13-41.10. I. CONCRETE SHALL HAVE A MINIMUM COMP ME STRENGTH OF 3000 PSI AT 25 DAYS. 2. REINFORCING STEEL SHILL BE ASTM M15 GRADE B0. 3. W ALL REINFORCING SPLICES 40 8M DIAMETERS AND A MINIMUM OF 24 INCHES UNLESS NOTED OWERMSE 4. ALL REINFORCEMENT SHALL BE DETNLED IN ACCORDANCE WT1H THE LATEST ACI DETNUNG MANUAL 5. RETUNING WALL FOOTINGS ARE DESIGNEE WSW ON A MUSEUM ALLOWABLE TOE PRESSURE OF 3000 PSF. 8. TOP ALL FOOTINGS SELL BE FOUNDED A MINIMUM OF TWO FEET BELOW GROUND SURFACE 7. THE FOOTING EXCAVATIONS SHALL BE MADE TO NEAT UNES MO SHALL BE FREE OF LOOSE OR WET LNTERa1S. 8. WORE SOFT MFIS ARE ENCOUNTERED THE AREA WELL BE UNDERCUT M REOUIRED MTODA REPLACED U OF WITH OF MAXIMUM COMPACTED FILL DOENSITYCONCRETE M OETEHMINED BY AMU D 605.A� R. All SELECT BACK FILL SHALL HAVE A PLASTICITY INDEX BLIWLN 4 AND 13 MO A MID UNIT LESS TEN 30. GRANULAR OR FREE CANNING BACK FILL SHALL CONFORM TO AS114 C33 NO. 57 AGGREGATE 10. ALL BACK FILL MATERIAL MOLL BE PLACED IN LOOSE LIFTS NOT EXCEEDING NINE DENSM)OF IINNEETY--FME (05) PERCENT OFF � D-60 OR A UNCOMPACTED THIOMESS. AND BE COMPACTED mNIMUMA MINIMUM RETATNE DENSITY OF EkIM BACKFTLL MTFRIMS ME FREE DRONING SANDS OR GRAVEL 11. PRESIDE CONTROL JOINTS AT 20'-0. O.C. 12. RETUNING WALL DERSICN BASED ON THE CEOTECHNICAL REPORT PREPARED BY WEBER MO COMPANY. REPORT /20455, DATE JUNE 23, 2015. 13. DESIGN OF RETUNING WALLS BAWD ON USING ON -SITE MATERIAL FOR BALK FILL WALLS DESIGNED BASED ON EOUIPJALLNT FLUID PRESSURE OF 70 PSF. 14. TRAFFIC GUARD RAIL ON TOP or WALL 10 BE BUILD AND INSTALLED IN CONFORMANCE WIN CRY OF FORE WORM STANDARDS 13. CONMACNR SHALL SUBMIT CONCRETE MIX DESIGNS, REBAR SHOP DRAWINGS. AND STEEL GUARDRAIL SHOP DRAWINGS TO PIONEER PRIOR TO CONSTRUCTION. 15. PROVIDE CONTROL JOINTS 0 201-0. 0.C. MAX. TX FIRM0R4I87 Bn SADLEt KNITTER STRUCTURAL ENGINEERS TX FIRM NO. F-4167 ONO 7/17/2015 JOB NAME: I rim NOTED 500 MAIN ST. SURE 700 FORT WORTH. TFflS 76102 PHONE (817) 332-1074 FAX (817) 338-0335 EMAIL: tomOthesadlergroup.com IoWN M JB VAQUERO MG PRESIDIO PARTNERS LP RETAINING WALL 1-35 IN PRESIDIO CENTER FORT WORTH, TEXAS 76107 oao= TRS A MPv 15-171 om SI T.O. WALL 7 EL 08937-\ N t FIN. GRADE EL. 680.90 1 T.o. FTC. tEL 078.22 10'-0• • 10'-0• 10'-0# CJ .01W4 I I L-SUP JOINT GJ. - lam. AT.O. FTC, EL. 082.14 r a. 800.9J w&EL 679.97 •f o- r ELEVATION C ;it T.D. WALL EL 08928- FIN. GRADE EL. 091.21 .TO FTC "EL 070.22 0005) (N«=�MW2) II tl _ 1 T.O. WALL ' / EL Oe9A9 N. - y 0 �EIN. 0. 681.01R.E ELEVATION #T0. FTC. tEL 570.22 / 18'-2• tKW2) 10'-0• 32'-r 10.-0. 31'- 10'-0• CIJ. S T.O. FTC EL 881.07 11r-r LKW,) , r 21L2 DOM) SUP JOINT- NI 1 III u. III I C ELEVATION 5 SCALE 1/4•_1•-0 N 10 -0' C J. T.O. WILL 1 EL 080.49-\ 7 T.O. WALLA FIN. GRADE EL 801.01 70, FTC. EL. 070.22 "EL. FTC. r L 600.67 18-0• LAW]) FIN. GRAPE EL 881.72- 'N.., ;T O. FTC. 0. 070.22 10'-0• 10'-0• 49'-9• tNwa) SUP �- SUP JOINT III 10'-0- CJ. 20'-O• tNw>, 10'-0• 1 DJ 111 , T.O FTC tEL 87934 ,3'-11• V(W4) 10'-0' 111 10'-0' 2'-0• eJ 1 C ELEVATION UI /O. WALL 0. OB0.77 n 1FIN. GRADE 12 0. 000.22 1 }TO. FTO. EL 670.23 10'-0• SUP J0I ELEVATION 711712015 tNW4) tNw., 24'-,0• OJ 1 1 TRIO L6a)11!L7' Ilt STRUCTURAL ENGINEERS TX FIRM NO. F-4167 ,0'-D• �T.O. WALL 17 EL 009.57 N (AN. GRADE EL 600.90 111 •T.O. FTC- 0. 678.22 7110. WALL I EL 08077 �FIN. GRADE EL 080.22 ,tr.o,_ FTC. EL. 578.22 500 MAIN ST. SUITE 700 FORT WORTH, TFYAc 76102 PHONE (817) 332-1074 FAX (817) 33B-0335 EMAIL tonOthesadlergroup.com J arc 7/17/2015 Imam NOTED ..(..._ JOB NAME RNON.AR9Io�cR VAQUERO MC PRESIDIO PARTNERS LP RETAINING WALL I-35 IN PRESIDIO CENTER FORT WORTH, TEXAS 76107 TX FIRMIr-4187 IMMN IN: JD IW® 1 TIIS Jn W1QB 15-171 awn RETAINING WALL SCHEDULE HANK H L A 0 C D E S V W X Y Z RWI 2'-0' TO 4'-CP 2'-8' 0'-9' i'-0- O'-O" 1'-0' 2'-0" 0 - /4012 - 15014 - RW2 4'-8• 1'-3' 1'-O' 2'd• 1'-0' 2'-0' 0'-O' /5014 /4012 /5014 /5014 /5018 RW3 8'-1' TO B-0• 5'-3. 1'-0' ,'-0. 3'-0' 1'-O' 3'-0' 15-5' /5012 14012 /5012 /5014 15018 RW4 B'-1' TO 10'-04 8'-8' 2'-0• 1'-0• 3'-8' 1-3' 4'-0' 1'-8' 11012 /4012 j8012 /5014 /8018 RR5 1D'-1' TD 12'-0' 8'-3' 2'-e' 1'-0• 4'-0 1'-4' S'-0' 1'-t1' /508 /4012 /708 /5012 /8012 l-1' CHAMFER 1'_ • it.1' Lai 4R., • 11- /4018•—‘ C D''.J�W A B TRASH . CND 5 -III -I IP i—K C SHEAR KEY OTYP SECTION NOT TO SCALE 7(' �o11WL TE . PE B/53 P. ANCHOR BELL Re TO sCHED. '' I-1 V hV 11,�w-11 C ELEVATION V• 0 q i4' imcx CUMDRML 3- Y ANCHOR BOL RE TO SCHED. CONC. RETAINING I WALL AS SCHED. RN. GRAD CRY APPROVED GUARD RAIL AS REQUIRED BY LOCAL BLDG. CODE RG 7/S3 • • e FINISH MAOE \ TOP -SOIL�\ . a . 'ORS¢iLTi IC= 1� III""—IP ) 2' PVC • WEEP HOLES 4. V" WATER PROOF WAD. NTS . . ANTN RUSTICATION JOINT'S -^ORMNAGE PANEL - ' / AOUMRMN ISM PANEL • . BY AMERICAL COLLOID . COMPANY OR 'MIRA ORAJN' BY MIRAFl ' MAN FABRIC N I1= 11gmtgealffILI 1-�- L 1 IA e BY D :Tirk -1 i 5HE0 STONE. _� I —T I —I • e• 11 I Is "') D—III—� 11 =1 1=111 ' I=11= SWAT=IW=T=11 =T=2-n=11g1t-=r F . �. II =11 ' 1TI�ll`Ii1TiITil �in;�-1 7 a wfl RUMILHBIL C SECTIO0. N A SHEAR KEY CTYP. SECTION 2 14' THICK RASE RATE SHALLOWER SLOPE MAY BE REO'D FOR SLOPE STADIUM RE TO SOILS REPORT -= lL II ILA —I I ;I C DETAIL SCALE 1-1/2'-1'-0" Ca EVERY — OTHER HORIZ. BFR VERTICAL RUSTICATION JOINT FILL W/SEALMT Nis —noon.; Itn$1RM1 CONTINUOUS 1/2- SQUARE RUSTICATION JOOINT Fll1 WJSEAUNT 7�. DETAIL BB SCALE: 3/8'-1'-0' NOTED C.J. ON PUN DETAIL °SCALE: 3/4•-,'-0- WATFA STO WALL. RENF. cOMINUOUS 1/2• SOUME RUSTICATION nu- WRH KEN AM 8 RUSTICATION JOINT FlLL WITH SEALANT REFER TO DETAIL XuutALSWIRISIXthLar RUSTS A1W JOINT. ATeCO JM1TRACTOR'S R OPTION. DETAIL OSOLD 3/4'-1'-0' C DETAIL SCALE 1_1/2'-A-0' 1a CONER BAR LAP EI FOREDAP pr EQ. NT TYPE I 1 LONGITUDINAL RONF. 2D 13.E161105 CSTEP IN FOOTING ANCHOR BOLT SCHEDULE MURK AB-1 30 BM DA DN. (IN) DIMENSIONS NJ. LATERAL H 4 18 -- 3 I F1554 LADE 55 1 1 C NA TYPE 1 .'tmmt TICS 1. CNMD 'AILS SIWJ. BE A INCH NICK AS111 A372 CRAPE 50 STEEL AIL PLATES SHALL BE PSTM A]5. 2. ALL ANCHOR BOLTS SNAIL BE AS14 F1554 GRADE 55. 3 YIELDED CONSTRUCTION SHALL CONFORM TO THE AMERICAN WELDING SOCIETY TsTRUGIURAL WELDING coot, DT.1 AND RSNFORCING STdL WELDING CODE", D1.4. ELECTRODES FOR FIELD MO SHOP WRAP SHALL BE COAX. 4. WHEN WELDS ARE NOT ACCORDANCE WHIT AWS 01.1 MINIMUM LLET WELDS NOT SPECIFIED ASTO LENGTH SFILLET HALL BE COMINS. IN 5. ONLY LOW HYDROGEN ELECTRODES SHALL BE USED ON REINFORCING STEEL MD ASAP A572 STEEL. 0. ANGUARDRAIL flCN MATTER BTEFORE PRUEmPANTING. ALLOW TAND PANTED. O RY THOROUGHLY BSURFACES UGHLY OF RUN EFORE APPLYING PRIMING LATERAL 7. SHOP PRIME IN ONE COAT. 00 NOT PRIME SURFACES TO OE FIELD WEIDED OR CAST IN CONCRETE 8. PRIMER AND RANT SHALL BE SPECIFIED BY ARCHRECT. 7/17/2015 QIT��/�2� LTjBjY[ L6W �L' STRUCTURAL ENGINEERS TX FIRM NO. F-4167 RAID 7/17/2015 JOB NAME: 500 MAIN ST. SURE 700 FORT WORTH TEXAS 76102 FAX (81PHONE 7)1 3B 30335 2-1074 EMAIL' tomOthesadlorgroap.cam NOTED limns M JET VAQUERO MG PRESIDIO PARTNERS LP RETAINING WALL 1-35 IN PRESIDIO CENTER FORT WORTH, TEXAS 76107 lac,BO TRS AO MIY00R 15-171 s¢ 53 Pagel of D215007941 111412015 10:18 A1 PGS 5 Fee: $32.00 Submitter: SIMPLIFILE Electronically Recorded by Tarrant County Clerk in Official Public Records Ypw 4',,' Mary Louise Garcia NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN TH N; PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. "0 STA 1t OF TEXAS COUNTY OF TARRANT SPECIAL WARRANTY DEED WITH VENDOR'S LIEN KNOW ALL MEN BY THESE PRESENTS: THAT LNR CPI PRESIDIO RETAIL, LLC, a Texas limited liability company ("Grantor") for and in consideration of the sum of $10.00 cash in hand and a promissory note of even date herewith (the "Note") in the original principal amount of Two Million, Nine Hundred Seven, One Hundred Forty and No/100 Dollars ($2,907 140.00) executed by Grantee (as defined below) and payable to the order of Southwest Bank ("Lender"), the payment of which Note is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith from Grantee to Vernon W. Bryant, Jr., as Trustee, for the benefit of Lender, and other good and valuable consideration paid by VAQUERO MG PRESIDIO PARTNERS II, LP, a Texas limited partnership (' Grantee' ), whose mailing address is 3211 W. 4'h St., Fort Worth, Texas 76107-2114 HAS GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents DOES GRANT, BARGAIN, SELL and CONVEY unto Grantee all that certain land situated in Tarrant County, Texas, and described on Exhibit A which is attached hereto and incorporated herein by reference for all purposes (the "Property"). This conveyance is made subject and subordinate to the Approved Conditions of Title set forth in Exhibit B attached hereto and incorporated herein by reference for all purposes, but only to the extent they affect or relate to the Property, and without limitation or expansion of the scope of the special warranty herein contained. Grantor does hereby reserve unto Grantor, and Grantor's successors and assigns, all of Grantor's right, title and interest in the oil, gas and other minerals that may be taken, saved, produced or extracted from the Property; provided, however, that Grantor hereby waives, for itself and its successors and assigns, its rights to use the surface of the Property for exploring, drilling, producing, or any other activity in connection with said reserved mineral mterests but reserves, for itself and its successors and assigns, the rights to develop and produce such oil, gas and other minerals by pooling or by directional or horizontal drilling from surface sites located on other lands, provided that under no circumstances shall there be any penetrations onto the surface of Property, nor shall there be any interference with the surface or subsurface support of any improvements constructed or to be constructed on the Property, and such drilling shall be subject to the terms, provisions, and conditions of that certain Surface Use and Indemnity Agreement filed 09/27/2004, recorded in cc# D204302113 Real Property Records, Tarrant County, Texas the First Amendment to Surface Use and Indemnity Agreement filed 09/18/2007, recorded in ce# D207333137, Real Property Records, Tarrant County, Texas, the Second Amendment to Surface Use and Indemnity Agreement filed 04/20/2009, recorded in cc# D209105036 Real Property Records, Tarrant County, Texas, and Amendment to Surface Use Agreement recorded at cc# D210266250, Real Property Records, Tarrant County, Texas, and any applicable permits ordinances and laws. TO HAVE AND TO HOLD the Property, subject to the Approved Conditions of Title, unto Grantee, and Grantee's successors and assigns forever and Grantor does hereby bind Grantor, and SPECIAL WARRANTY DEED WITH VENDOR'S LIEN — Page 1 3292766 v2 Grantor's successors and assigns to WARRANT and FOREVER DEFEND, all and singular the Property, subject to the Approved Conditions of Title, unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise, but with full substitution and subrogation of Grantee in and to all covenants of warranty by parties other than Grantor heretofore given or made with respect to the rights, titles, and interests herem conveyed or any part thereof. For the same consideration, Grantor hereby GRANTS, BARGAINS, SELLS and CONVEYS, without warranty express or implied, all interest if any, of Grantor in (i) strips or gores, if any, between the Property and abutting properties and (ii) any land lying in or under the bed of any street, alley road or right-of-way, opened or proposed, abutting or adjacent to the Property. Except as specifically stated herein, Grantor hereby specifically disclaims any warranty, guaranty, or representation, oral or written past, present or future, of, as, to, or concerning (i) the nature and condition of the Property, including but not by way of limitation, the water, soil, geology and the suitability thereof, and of the Property, for any and all activities and uses which Grantee may elect to conduct thereon or any improvements Grantee may elect to construct thereon, income to be derived therefrom or expenses to be incurred with respect thereto, or any obligations or any other matter or thing relating to or affecting the same, (ii) the manner of construction and condition and state of repair or lack of repair of any improvements located thereon; (iii) except for any warranties contained herein, the nature and extent of any easement, right of way, lease, possession, lien, encumbrance, license, reservation, condition or otherwise; and (iv) the compliance of the Property or the operation of the Property with any laws, rules, ordinances, or regulations of any government or other body. THE CONVEYANCE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS' BASIS, AND GRANI'EE ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENTS OF GRANTOR HEREIN, EXCEPT AS OTHERWISE SPECIFIED HEREIN, GRANTOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, But it is expressly agreed and stipulated that the vendor's lien as well as superior title in and to the Property are hereby reserved and retained against the Property until the Note, and all interest thereon, is fully paid according to the terms of the Note at which time this deed will become absolute. Lender, at Grantee s request, has paid in cash to Grantor, that portion of the purchase price of the Property evidenced by said Note The vendor's lien and superior title to the Property are retained for the benefit of Lender and are transferred to the Grantee without recourse to the Grantor. Grantee, by its acceptance hereof, does hereby assume and agree to pay any and all ad valorem taxes and special assessments pertaining to the Property for calendar year 2015 and subsequent years, there having been a proper proration of ad valorem taxes for the current calendar year between Grantor and Grantee. (The signature page is on the next page.) SPECIAL WARRANTY DEED WITH VENDOR'S LIEN — Page 2 _ 3292766 v2 EXECUTED this 13 day of January, 2015, GRANTOR: LNR CPI PRESIDIO RETAIL, LLC, a Texas limited liability company By: LNR CPI A&D Holdings, LLC, a Delaware limited liability company, Its: Member By: LNR Commercial Property Investment Fund Limited Partnership, a Delaware limited partnership, Its: Member By: LNR CPI Fund, GP, LLC, a Delaware limited liability compan Its: ,etiv.ral Partner By: Ricard B. Kern, Vice President STATE OF CALIFORNIA § • AA COUNTY OF Les P § 1 On January /0 , 2015, before me,Sbi€tv�, A. kite, e , A/D7�,lizf Pz b IlC personally appeared Ricard B. Kern, Vice President, of LNR CPI Fund, GP, LLC, a De aware limited liability company, General Partner of LNR Commercial Property Investment Fund Limited Partnership, a Delaware limited partnership, Member of LNR CPI A&D Holdings, LLC, a Delaware limited liability company, Member of LNR CPI PRESIDIO RETAIL LLC, a Texas limited Liability company, on behalf of said limited liability company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and 'acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, and the entity upon behalf of which the person acted and executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California, that the foregoing paragraph is true and correct WITNESS my hand and official Seal. (SEAL) SHEENA A. BELLINGER Commission # 2029421 Notary Public - California Los Angeles County My Comm. Expires Jul 1, 2017 SPECIAL WARRANTY DEED — Page 3 al—CHCalkallitC' •Notary Public in and for the State 'if C 'fo 1�( Name (print): !sjsf My Commission1, a_.QL�T 3292766 v2 Exhibit "A" Property Description Tract 1: (Fee Simple) Being a portion of Lot 3R5, Block D, The Presidio Addition, an addition in the City of Fort Worth, Tarrant County, Texas according to the plat recorded under Instrument Number D214239672 of the Official Public Records of Tarrant County, Texas, being more particularly described as follows: BEGINNING at a mag nail with a washer stamped "JPH LAND SURVEYING" set on the west line of said Lot 3R5; THENCE NORTH 00 degrees 00 minutes 00 seconds EAST, 159.27 feet with the west line of said Lot 3R5 to a 1/2,inch capped rebar stamped "JPH LAND SURVEYING" set; THENCE NORTH 33 degrees 19 minutes 36 seconds EAST, 158.22 feet through the interior of said Lot 3R5 to an angle point in the north line of said Lot 3R5 (point not set due to high water); THENCE SOUTH 49 degrees 05 minutes 05 seconds EAST, 110.10 feet with a north line of said Lot 3R5 to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set previously by this surveyor at an angle point in the north line of said Lot 3R5 • THENCE SOUTH 84 degrees 00 minutes 54 seconds EAST, 274.31 feet with a north line of said Lot 3R5 to a 1/2 inch capped rebar with an illegible stamp found at the northeast corner of said Lot 3R5; THENCE SOUTH 04 degrees 09 minutes 07 seconds WEST, 191.26 feet with the west right of way line of Interstate Highway 35W as described in the deed to the City of Fort Worth recorded under Instrument Number D204300326 of the Official Public Records of Tarrant County, Texas to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING ; THENCE NORTH 90 degrees 00 minutes 00 seconds WEST, 429.10 feet through the interior of said Lot 3R5 to the POINT OF BEGINNING, containing +95,465 square feet or 2.191 acres Tract 2: (Fee Simple) Being a portion of Lot 3R5, Block D The Presidio Addition, an addition in the City of Fort Worth, Tarrant County, Texas according to the plat recorded under Instrument Number D214239672 of the Official Public Records of Tarrant County, Texas, being more particularly described as follows: BEGINNING at a mag nail with a washer stamped "JPH LAND SURVEYING" set on the west line of said Lot 3R5; THENCE NORTH 90 degrees 00 minutes 00 seconds EAST, 429.10 feet through the interior of said Lot 3R5 to a 1/2 inch capped rebar stamped ' JPH LAND SURVEYING" set previously on the west right of way line of Interstate Highway 35W as described in the deed to the City of Fort Worth recorded under Instrument Number D204300326 of the Official Public Records of Tarrant County Texas; THENCE SOUTH 04 degrees 09 minutes 07 seconds WEST, 70.45 feet with said west right of way line of Interstate Highway 35W to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set SPECIAL WARRANTY DEED WITH VENDOR'S LIEN — Page 5 3292766 v2 previously at the beginning of a tangent curve concave to the east having a radius of 5759.58 feet; THENCE southerly coincident with the curving said west right of way line of Interstate Highway 35W an arc length of 129.98 feet to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set previously by this surveyor at the beginning of a non -tangent line to the aforementioned curve being the southeast corner of said Lot 3R5; THENCE NORTH 90 degrees 00 minutes 00 seconds WEST, 416.05 feet with the south line of said Lot 3R5 to a mag nail with washer stamped "JPH LAND SURVEYING" set previously by this surveyor at the southwest corner of said Lot 3R5; THENCE NORTH 00 degrees 00 minutes 00 seconds EAST, 200.00 feet with the west line of said Lot 3R5 to the POINT OF BEGINNING, containing±84,431 square feet or 1.938 acres. Tract 3: (Easement Estate) Non -Exclusive Easement Estate as created by Constructions, Operations and Reciprocal Easement Agreement, filed 08/28/2013, recorded under Instrument Number D213228795, Official Public Records Tarrant County, Texas SPECIAL WARRANTY DEED WITH VENDOR'S LIEN —Page 6 3292766 v2 Exhibit "B" Annroved Conditions of Title 1. Restrictive covenants described in instrument filed 02/20/2001, recorded in Volume 14735, Page 212, Real Property Records Tarrant County Texas Amended by instrument filed 03/29/2005, recorded in cc# D205083357, Real Property Records Tarrant County, Texas, and by instrument filed 02/10/2006, recorded in cc# D206041372, Real Property Records, Tarrant County, Texas. Restrictive covenants described in instrument filed 04/22/2005, recorded in cc# D205113431, Real Property Records, Tarrant County, Texas. 3. Restrictive covenants described in instrument filed 10/20/2011, recorded in cc# D211254934, Real Property Records, Tarrant County, Texas. Amended by First Amendment filed 08/28/2014, recorded m cc# D213228801, Real Property Records, Tarrant County, Texas 4. Restrictive covenants described in instrument filed 03/07/2014, recorded in cc# D214045168, Plat Records, Tarrant County, Texas. 5. Restrictive covenants described in instrument filed 08/28/2013, recorded in cc# D213228795, Real Property Records, 'Tarrant County, Texas. 6. Restrictive covenants described in instrument filed 08/28/2013, recorded in cc# D213228798, Real Property Records, Tarrant County, Texas. 7. Restrictive covenants described in instrument filed 08/28/2013, recorded in ce# D213228800, Real Property Records, Tarrant County, Texas. 8. Restrictive covenants described in instrument filed 10/01/2014, recorded in cc# D214216208, Real Property Records, Tarrant County, Texas. 9. Restrictive covenants described in instrument filed 10/31/2014, recorded in cc# D214239672, Plat Records, Tarrant County, Texas. 10. Terms, provisions, conditions, and obligations contained in Compensatory Mitigation Plan as evidenced in Notice of Restrictions filed 04/22/2005 recorded in cc# D205113431, Real Property Records, Tarrant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015, prepared by Robert A. Hansen RPLS No. 6439. 11. Easement granted by Societe Generale Financial Corporation, to the City of Fort Worth, filed 02/07/2003, recorded in Volume 16382, Page 256, Real Property Records, Tarrant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015, prepared by Robert A. Hansen, RPLS No. 6439. 12. Mineral estate and interest in coal, lignite and other minerals together with all rights, privileges and immunities thereto described in instrument filed 04/22/1939, recorded in Volume 1387, Page 522 SPECIAL WARRANTY DEED WITH VENDOR'S LIEN - Page 7 3292766 v2 Real Property Records, Tarrant County, Texas. Title to said interest not checked subsequent to the date thereof. 13 Title to all coal lignite, oil, gas and other minerals in, under and that may be produced from the land, together with all rights, privileges, and immunities relating thereto, all of such interest, to the extent not previously reserved or conveyed being described in instrument filed 02/20/2001, recorded in Volume 14735, Page 226, Real Property Records, 1 a►rant County, Texas, Title to said interest not checked subsequent to the date thereof. 14. Easement granted by Presidio Vista 1, Ltd., to Oncot Electric Delivery Company, filed 05/04/2004, recorded in cc# D204135140, Real Property Records, Tarrant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015, prepared by Robert A. Hansen, RPLS No, 6439. 15. Limited or lack of access to road or highway abutting subject property as set forth in instrument filed 09/24/2004 recorded in cc# D204300327, Real Property Records, Tarrant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015 prepared by Robert A. Hansen, RPLS No 6439. 16. Limited or lack of access to road o► highway abutting subject property as set forth in instrument filed 09/24/2004 recorded in cc# D204300326, Real Property Records, Tarrant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015 prepared by Robert A. Hansen, RPLS No 6439. 17. Easement granted by Presidio Vista I, Ltd., to the State of Texas, filed 09/24/2004, recorded in cc# D204300328, Real Property Records, Tarrant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015, prepared by Robert A. Hansen, RPLS No. 6439 18. Permanent Water Main Easement granted by Presidio Vista I, Ltd. to the City of Fort Worth filed 12/12/2005, recot ded in cc# D205367442, Real Property Records Tat rant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015, prepared by Robert A. Hansen, RPLS No 6439. 19. Terms, provisions, and conditions of Surface Use and Indemnity Agreement, filed 09/27/2004, recorded in cc# D204302113, Real Property Records, Tarrant County, Texas First Amendment to Surface Use and Indemnity Agreement filed 09/18/2007, recorded in cat D207333137, Real Property Records Tarrant County, Texas. Second. Amendment to Surface Use and Indemnity Agreement filed 04/20/2009, recorded in cell D209105036, Real Property Records Tarrant County, Texas Amendment to Surface Use Agreement filed 10/27/2010, recorded in cc# D210266250, Real Property Records, Tarrant County Texas. 20. Terms, provisions, conditions, easements, obligations, assessments and liens contained in instrument filed 10/20/2011, recorded in cc# D211254934, Real Property Records, Tairant County Texas, which states that assessment liens are subordinate to purchase money liens. Together with any and all supporting documents thereto. 21. Terms, provisions, and conditions of Unified Sign Agreement filed 12/16/2011, recorded in cc# D211303040, Real Property Records, Tarrant County, Texas. SPECIAL WARRANTY DEED WITH VENDOR'S LIEN - Page 8 3292766 v2 22. Mineral lease together with all rights, privileges and immunities incident thereto, to Aspect Abundant Shale LP, from Foley Legacy Land, Ltd. described in instrument filed 11/30/2007, recorded in cc# D207425539, Real Property Records, Tarrant County, Texas, also filed 12/17/2007, recorded in ce# D207446582, Real Property Records, Tarrant County '1 exas. First Amendment to Oil and Gas Lease filed 10/04/2011, recorded in cc# D211240575, Real Property Records, Tarrant County, '1 exas. Title to said interest not checked subsequent to the date thereof. 23. Terms, provisions, conditions, and easements contained in Constructions, Operation and Reciprocal Easement Agreement, filed 08/28/2013, recorded in cc# D213228795, Real Property Records, Tarrant County, Texas. 24. Terms, provisions, and conditions of Shared Maintenance Agreement, filed 08/28/2013, recorded in cc# D213228797, Real Property Records, Tarrant County, Texas. 25. The following easements and/or building lines, as shown on plat filed 10/31/2014 recorded in cc# D214239672, Plat Records, Tarrant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015 prepared by Robert A Hansen, RPLS No. 6439: 10' utility easements; 15' private drainage easement, 10' no build easement; Portions of 31' public access easements; 15' utility easement; Signage easements; 15' water easement Flood Plain easement; FEMA Zone AE. 26. Terms, provisions, conditions, and easements; contained in Sign Easement and Cost Sharing Agreement, filed 04/11/2014, recorded in ce# D214072911 Real Property Records, Tarrant County, Texas as affected by Assignment of Rights and Grant of Access Easement Agreement filed 07/02/2014, recorded in cc# D214140851 Real Property Records, Tarrant County, Texas 27. Terms, provisions, conditions, and easements contained in Assignment of Rights and Grant of Access Easement Agreement, filed 07/02/2014, recorded in cc# D214140851, Real Property Records, Tarrant County, Texas. 28. Amended and Restated Non -Exclusive Utility Easement granted by LNR CPI Presidio Retail, LLC to Oncor Electric Delivery Company, LLC, filed 10/13/2014, recorded in cc# D214223601, Real Property Records, Tarrant County, Texas. SPECIAL WARRANTY DEED WITH VENDOR'S LIEN — Page 9 3292766 v2 Page 1 of 10 D215117804 6/3/2015 3.10 PM PGS 10 Fee: $52.00 Submitter: SIMPLIFILE Electronically Recorded by Tarrant County Clerk in Official Public Records ki^ butici ©`Cr° 60 (Sal Mary Louise Garcia GF#1002-102464-A CORRECTION INSTRUMENT (NON -MATERIAL CORRECTION, Texas Property Code Sec. 5.028) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT BEFORE ME, the undersigned, a Notary Public in and for said County State of Texas, on this day personally appeared Patti Windle to me well known, and who, after being by me duly sworn deposes and says that: My name is Patti Windle, I am a Sr. Vice President employed by Republic Title of Texas, Inc. and I am a 'person with personal knowledge of the facts set forth herein as defined in Section 5.028(a), Texas Property Code, as added by S.B. 1496. The Special Warranty Deed with Vendor's Lien filed of record on 01/14/2015, under County Clerk's File No. D215007941, Official Public Property Records of Tarant County, Texas, is in error(s) in the following respects: The Exhibit `B" to said document was inadvertently omitted from the document when originally recorded. The error(s) are corrected as follows: The Exhibit "B" has been attached to the Special Warranty Deed for refiling, a copy of the complete document is attached hereto and made a part hereof for all purposes. This correction is based on my review of the recorded Special Warranty Deed with Vendor's Lien referenced herein. A copy of this Correction Affidavit is being sent via email to the attorneys for the Grantor and Grantee in this Special Warranty Deed, as evidenced by the cover letter emailed to such party attached hereto and made a part hereof for all purposes." FURTHER AFFIANT SAITH NOT. Executed to this 3`d day of June, 2015. STATE OF TEXAS COUNTY OF DALLAS cittvz cLi Patti Windle The above and foregoing instrument was acknowledged subscribed and sworn to before me, the undersigned authority, on this 3rd day of June, 2015, by Patti Windle. /EP/ ki • lei Motary Public, State of Texas MARYBETH K. BUTLER Notary Public State of Texas Comm. Expires 07/24/2018